TORETTA v. WILMINGTON TRUST CO.

No. 918.

71 F.Supp. 281 (1947)

TORETTA v. WILMINGTON TRUST CO. et al.

District Court, D. Delaware.

April 11, 1947.


Attorney(s) appearing for the Case

Herman Cohen (of Cohen & Cohen), of Wilmington, Del., for plaintiff.

Charles F. Richards (of Richards, Layton & Finger), of Wilmington, Del., for Wilmington Trust Co., trustee.

William S. Potter and Richard F. Corroon (of Southerland, Berl & Potter), both of Wilmington, Del., for the Regents of the University of Michigan.


RODNEY, District Judge.

This is a motion for judgment on the pleadings under Rule 12(c) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the ground that the complaint fails to state a claim upon which relief can be granted. All of the material and well-pleaded allegations of the complaint will, for the purposes of this motion, be taken to be true.

The sole ultimate question to be decided is whether the trustee under the terms of an original...

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